Formation of the theory of extraordinary legal regulation in the 1990s–2000s

The relevance of the study is determined by the growing role of extraordinary legal regulation in the context of contemporary crises and emergency situations. An analysis of the formation of the corresponding theory in Russian legal scholarship during the 1990s and 2000s makes it possible to identify the patterns underlying the development of academic views on the nature and mechanism of extraordinary legal regimes. The continuing fragmentation of scholarly approaches necessitates the further development of a comprehensive interdisciplinary theory of extraordinary legal regulation.

The purpose is to identify the specific features of the development of the theory of extraordinary legal regulation in Russian legal scholarship in the 1990s–2000s, as well as to identify its main theoretical and methodological achievements and challenges.

Objectives: to identify the main approaches to understanding extraordinary legal regulation; to characterize doctrinal approaches to the legitimization of extraordinary powers of state authorities; to establish the significance of scholarly developments in the 1990s–2000s. for the development of a modern theory of extraordinary legal regulation.

Methodology. The methodological basis of the study was formed by general scientific and specialized legal methods of inquiry, including dialectical, historical-legal, formal-legal, systemic, and comparative legal methods. Results. It was established that in the 1990s-2000s, a significant theoretical body of work devoted to individual aspects of extraordinary legal regulation was formed in Russian legal scholarship. It is substantiated that the most important achievement of this period was the affirmation of the idea that extraordinary measures are legally permissible only if they are legally enshrined, temporary, constitutionally determined, and provided with oversight mechanisms.

Conclusion. In the 1990s-2000s, the conceptual foundations of the modern theory of extraordinary legal regulation were laid, but its development was not complete. The absence of a unified conceptual and categorical apparatus, generally accepted methodological foundations and a coherent theoretical structure indicates that the theory of extraordinary legal regulation is in its infancy.

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